What is an en banc hearing?

An en banc hearing is a type of appeal in Colorado criminal law. This type of hearing is conducted by the full court, rather than a single judge or panel of judges. It is used when the decision of a single appellate court judge is appealable and the appeal must be heard by the entire appellate court. The purpose of an en banc hearing is to ensure that the questions of law that were posed by the appealing party are thoroughly and accurately addressed by the higher court. It is also an opportunity for any or all of the appellate court judges to present their opinion on the particular issue. The result of an en banc hearing is binding and can only be changed by a higher court, such as the Colorado Supreme Court. En banc hearings are often the last resort for an appeal in criminal law cases in Colorado. All legal avenues must be exhausted before an en banc hearing is granted. This means that the case must have been heard by a lower court, an appeal must have been filed to the higher court, and the higher court must have declined to rule on the issue. If all of the above criteria have been met, then the party can request an en banc hearing.

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What is an en banc hearing?

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